Recital 73

The procedure for enforcement should allow the addressee to invoke grounds against the enforcement, based on a list of specific grounds provided for in this Regulation, including that the order concerned has not been issued or validated by a competent authority as provided for in this Regulation, or where the order does not concern data stored by or on behalf of the service provider at the time of receipt of the relevant certificate. The enforcing authority should be able to refuse to recognise and enforce a European Production Order or a European Preservation Order based on those same grounds, and also, in exceptional situations, on account of the manifest breach of a relevant fundamental right as set out in Article 6 TEU and the Charter. The enforcing authority should consult the issuing authority before deciding not to recognise or not to enforce the order, based on those grounds. Where the addressee does not comply with its obligations under a recognised European Production Order or European Preservation Order the enforceability of which has been confirmed by the enforcing authority, that authority should impose a pecuniary penalty. That penalty should be proportionate, in particular in view of specific circumstances such as repeated or systemic non-compliance.